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United States v. Spectrum Brands, Inc.

United States District Court, W.D. Wisconsin

February 21, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
SPECTRUM BRANDS, INC., Defendant.

          ORDER

          WILLIAM M. CONLEY DISTRICT JUDGE.

         The court rules as follows on the objections to deposition designations.

         PETER TAUBE

Government's Designations

Spectrum's Objections

Court Ruling

18:23 - 20:6

19:22 - 20:6 - Objection - Irrelevant, Lack of personal knowledge

SUSTAINED

29:8 - 30:3

Objection - mischaracterizes testimony, Lack of Foundation, Lack of personal Knowledge, Speculation

OVERRULED as to 29:8-23, otherwise SUSTAINED

35:9:21

Objection - Lack of Foundation

OVERRULED

108:17 - 110:7

Objection - Hearsay

OVERRULED

147:10-24

147:10 - 147:20 - Objection - Hearsay, Lack of Foundation, Speculation, Lack of Personal Knowledge

SUSTAINED

         STUART SLUGH

Government's Designations

Spectrum's Objections

Court Ruling

25:9-25

25:9-25:25: Objection, see Spectrum Brand's Motion in Limine No. 6, incorporated by reference.

SUSTAINED to the extent calls for legal conclusion; OVERRULED as to the witness's understanding

50:9 - 51:11

50:9-23 - Objection - Irrelevant, lack of personal knowledge

SUSTAINED as to 50:9-14, OVERRULED as to 50:15-23

57:3 - 59:14

59:3-6 Objection - Mischaracterizes testimony

OVERRULED

66:2 - 69:11

67:7-23; 68:22 - 69:11 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

69:12 - 73:5

71:15 - 73:5 Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

73:17 - 74:21

74:20-21 - Objection - Mischaracterizes testimony

No objection to remainder

OVERRULED except to the truth of the matter asserted

75:21 - 78:8

76:25 - 77:17 Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

86:18 - 88:14

88:4-14 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

88:18 - 89:23

89:10-23 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

90:3 - 91:7

90:3 - 91:3 Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

95:1 - 98:6

Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

OVERRULED except to the truth of the matter asserted

108:14 - 109:17

108:14 - 109:10 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

109:20 - 110:6

109:20 - 110:6 Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

115:5 - 117:17

115:5-15; 116:16-21 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

120:8 - 122:17

121:2 - 122:17 Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

124:21 - 126:3

125:11 - 126:3 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

131:5 - 133:22

132:3 - 133:2 Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

137:2 - 139:14

137:21 - 138:12; 138:21 - 139:5 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

140:23 - 142:24

141:18 - 142:8 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

153:22 - 156:14

154:16 - 155:5; 156:12-14 - Objection - Hearsay, lack of foundation, lack of personal knowledge, speculation; see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

156:22 - 157:7

Objection - Hearsay, lack of foundation, lack of personal knowledge, speculation; see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

OVERRULED except to the truth of the matter asserted

157:11 - 158:19

158:5-19 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

161:11 - 163:15

161:23 - 162:9 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

163:16 - 165:6

164:8-22 - Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

No objection to remainder

OVERRULED except to the truth of the matter asserted

166:5 - 168:24

Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference.

OVERRULED except to the truth of the matter asserted

168:6-16 - Objection - Irrelevant

OVERRULED except to the truth of the matter asserted


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